If you’ve worked with cross-border professionals, or you are one, you’ve likely come across both the TN visa and the H-1B visa. And it’s not uncommon to hear assumptions like:
“If I qualify for a TN, I should be fine for an H-1B.”
“Can’t we just switch this TN employee over to an H-1B for long-term flexibility?”
But here’s the reality: TN and H-1B are very different visa categories. They serve different purposes, have different qualification criteria, and are built on very different legal foundations.
What Is a TN Visa?
The TN (Trade NAFTA) visa was created under the original United States–Canada Free Trade Agreement (CFTA) in 1989 and later adopted by NAFTA, which is now known as the USMCA. It allows Canadian and Mexican citizens to work in the U.S. under a list of pre-approved professional occupations.
Key facts about the TN visa:
- Only specific job categories qualify (e.g., engineers, accountants, scientists).
- Applicants must meet strict educational criteria tied to their profession.
- The process is fast and doesn’t require a Labor Condition Application like the H-1B.
- It’s a nonimmigrant visa—meaning it’s not designed with a direct path to a green card.
What Is an H-1B Visa?
The H-1B visa allows U.S. employers to temporarily employ foreign workers in “specialty occupations.” It’s not limited by nationality and has a wider range of eligible fields.
Key facts about the H-1B visa:
- Open to citizens of any country.
- Requires a bachelor’s degree or equivalent in a specialized field.
- Subject to an annual lottery system and numerical cap.
- Requires an approved Labor Condition Application from the Department of Labor.
- Can lead to permanent residency (green card eligibility).
Here’s Where the Confusion Happens
Let’s say a Canadian citizen is working in the U.S. as a TN professional accountant. That doesn’t automatically mean they qualify for an H-1B.
Why? Because:
- The job may not meet the H-1B definition of a “specialty occupation.”
- The individual’s degree might not meet H-1B criteria.
- The employer may not want, or be able, to go through the lottery and application process.
And the reverse is also true: Someone on an H-1B can’t just “switch” to a TN unless they’re a Canadian or Mexican citizen and their job fits one of the approved TN categories.
The Takeaway: TN and H-1B Visas Are Not Plug-and-Play
The most significant misunderstanding is assuming these visas are interchangeable. They’re not. The TN is not a “stepping stone” to the H-1B, and the H-1B isn’t simply a stronger version of the TN. Each visa has its own structure, eligibility requirements, and implications for long-term immigration strategy. So, whether you’re an international professional, immigration lawyer, or HR leader managing global mobility, take the time to understand how each visa works on its own terms.
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